Marriage contract no. 364: Württemberg-Mömpelgard - Nassau-Saarbrücken-Weilburg

Contract content

Preamble (p. 123r): Marriage decided

Article 1 (p. 123r-124r): Consumption of the marriage, bringing the bride home, dowry (10,000 guilders, payment arrangements), trousseau, possible increase in the dowry at the discretion of the bride’s mother, paraphernalia; disposal by the bride; inheritance of the paraphernalia according to the wishes of the bride or her next of kin

Article 2 (p. 124r-126v): morning gift (4,000 guilders principal, 250 guilders as annuity), insurance; donatio propter nuptias (10,000 guilders); Total dowry (20,000 guilders), prescription on goods, other prescriptions of goods excluded, bride’s estate; prescription of the Reichenweier estate; appurtenances, etc., 1,000 guilders annually (half in money, half in wine and fruit), other financial arrangements; Widow’s property, provision on the widow’s property, arrangements for any surpluses; compensation for defects; praise, oath and homage of subjects, officials, etc. on the widow’s property; assumption of the widow’s property; if the widow’s property is mortgaged/burdened with debts: settlement by the groom/his heirs; Allocation of vacant parishes on the widow’s estates by the bride, allocation of ecclesiastical and knightly fiefs by the groom/his heirs; the subjects on the widow’s estates retain their rights, etc.; regulations on the opening of the widow’s estates

Article 3 (p. 126v-129r): Protection of the bride on the widow’s estates; opening/allocation of the widow’s estates by the bride excluded, structural maintenance; if the groom dies before the bride and there are joint minor heirs: guardianship as customary in Württemberg, bride as legitima tutrix, upbringing; receipt and lifelong possession of the widow’s estate as long as the bride remains a widow, receipt of the trousseau and other possessions, receipt of money, wine, etc., household goods, reimbursement for defects; if the bride remarries after the death of the groom: Redemption of the widow’s dower possible with 20,000 guilders or 10,000 guilders of the dowry and, instead of the donatio propter nuptias, an annual lifetime pension; if the bride dies: The 20,000 guilders go to the joint heirs/their heirs; if there are also joint heirs from the bride’s second marriage: inheritance of the dowry, the paraphernalia and other possessions of the bride to the descendants from the first and second marriages in equal parts, the donatio propter nuptias goes to the heirs of the groom (first marriage); if there are no joint heirs from the first marriage: use of the widow’s property as described; after the bride’s death: the bride’s dowry and other possessions shall pass to the descendants from the bride’s second marriage/to the next heirs; the widow’s dower shall remain with the principality of the groom from the first marriage; if the donatio propter nuptias was paid in cash: reversion; rules on repayment

Article 4 (p. 129r-129v): If the bride dies before the groom and there are no common descendants: the groom receives the lifelong right of use of the dowry; after the death of the groom: reversion to the bride’s next of kin; repayment regulations

Article 5 (p. 129v-130r): Morning gift (4,000 guilders principal or 250 guilders annual pension), insurance on the Reichenweier estate; inheritance of the morning gift by the bride’s descendants or according to her wishes; if there are no descendants/no will: the morning gift falls to the groom/his heirs; Redemption of the morning gift (annuity) in the event of inheritance; inheritance of the trousseau and other possessions according to her wishes; if the bride leaves no will: inheritance by the bride’s descendants; inheritance of the dowry and wedding gifts by the joint descendants

Article 6 (p. 130v): Inheritance of the groom’s gifts to the bride by their joint descendants; if there are no joint heirs: inheritance of one half by the bride’s next of kin, the other half goes to the groom/his heirs

Article 7 (p. 130v): Regulations on the settlement of debts

Article 8 (p. 130v): Validity of the imperial constitution for all details not agreed in the contract

Article 9 (p. 130v-131r): If the bride/groom dies before consummation of the marriage: marriage contract invalid

Article 10 (p. 131r): Marriage promised; Louis Philippe and Frederick of Hesse mentioned; compliance with the contract promised; special provisions regarding dower and morning gift mentioned

Incomplete text, followed by a repetition of part of the contract

Regulations on inheritance law

Article 1 (pp. 123r-124r): Bedding, bringing home, dowry (10,000 guilders, payment arrangements), trousseau, possible increase in dowry at the discretion of the bride’s mother, paraphernalia; disposal by the bride; inheritance of paraphernalia at the discretion of the bride or her next of kin

Article 3 (p. 126v-129r): Protection of the bride on the widow’s property; opening/allocation of the widow’s property by the bride excluded, structural maintenance; if the groom dies before the bride and there are joint minor heirs: guardianship as customary in Württemberg, bride as legitima tutrix, upbringing; receipt and lifelong possession of the widow’s property as long as the bride remains a widow, receipt of the trousseau and other possessions, receipt of money, wine, etc., household goods, reimbursement for defects; if the bride remarries after the death of the groom: Redemption of the widow’s dower possible with 20,000 guilders or 10,000 guilders of the dowry and, instead of the donatio propter nuptias, an annual lifetime pension; if the bride dies: The 20,000 guilders go to the joint heirs/their heirs; if there are also joint heirs from the bride’s second marriage: inheritance of the dowry, the paraphernalia and other possessions of the bride to the descendants from the first and second marriages in equal parts, the donatio propter nuptias goes to the heirs of the groom (first marriage); if there are no joint heirs from the first marriage: use of the widow’s property as described; after the death of the bride: the dowry and other possessions of the bride shall pass to the descendants from the bride’s second marriage/to the next heirs; the widow’s dower shall remain with the principality of the groom from the first marriage; if the donatio propter nuptias was paid in cash: reversion; rules on repayment

Article 4 (p. 129r-129v): If the bride dies before the groom and there are no common descendants: the groom receives the lifelong right of use of the dowry; after the death of the groom: reversion to the bride’s next of kin; repayment regulations

Article 5 (p. 129v-130r): Morning gift (4,000 guilders principal or 250 guilders annual pension), insurance on the Reichenweier estate; inheritance of the morning gift by the bride’s descendants or according to her wishes; if there are no descendants/no will: the morning gift falls to the groom/his heirs; Redemption of the morning gift (annuity) in the event of inheritance; inheritance of the trousseau and other possessions according to her wishes; if the bride leaves no will: inheritance by the bride’s descendants; inheritance of the dowry and wedding gifts by the joint descendants.

Article 6 (p. 130v): Inheritance of the groom’s gifts to the bride by their joint descendants; if there are no joint heirs: inheritance of one half by the bride’s next of kin, the other half going to the groom/his heirs.

External authorities involved

Article 10 (p. 131r): Marriage promised; Ludwig Philipp and Friedrich von Hessen mentioned; compliance with the contract promised; special bequests to dowry and morning gift mentioned

Commentary

No pagination/numbering of the contract pages

Original contract divided into articles

References

• Archive copy: HStAD, D 4, 85/1 (transcript)
• Contract language archive copy: German
• Digitalized archive copy: https://arcinsys.hessen.de/arcinsys/digitalMediaViewer.action?archivalDescriptionId=3325102&selectId=2331265

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 364. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/364.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 364},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/364.html}
}